Allowed

Sunil and 3 Others v. State of U.P.

Allahabad HC2 Mar 2022BAIL/46127/2021

Case brief

AI extract

What is this about?

Single judge allowed a bail application challenging错误的 implicatio n. Granted bail to four co-accused in a riot and attempted murder case under IPC Sections 147, 148, 149 and 307, subject to furnishing bond and sureties and complying with standard bail conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in like amount to the satisfaction of the court concerned subject to specified conditions.

Sunil and 3 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46127 of 2021

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Applicant :- Sunil And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mool Chandra Maurya,Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.,Ajendra Kumar

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, learned counsel for complainant as well as learned A.G.A for the State and perused the record.

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It is submitted by learned counsel for the applicants that they are innocent and have been falsely implicated in the present case. There is cross case. General role has been assigned to all applicants. Further submitted that co-accused Rajveer Singh, Sirohi @ Viprakumar and Deepu have already been granted bail by coordinate Bench of this Court on 14.2.2022 through Criminal Misc. Bail Application No. 45135 of 20121, since the role of the applicants is not distinguishable with the role of coaccused, the applicants are also entitled for bail. There is no criminal history against the applicants. They are languishing in jail since 13.09.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants Sunil, Shashi Kant, Ram Veer Singh and Brajesh involved in Case Crime No. 69 of 2016, under Sections 147, 148, 149, 307, 427 I.P.C., P.S. Sakeet, District Etah be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicants will not tamper with the evidence during the trial.

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The applicants will not pressurize/ intimidate the prosecution

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witness.

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The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.

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The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 2.3.2022 A. Singh

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Digitally signed by ANURAG SINGH Date: 2022.03.04 15:54:46 IST Reason: Location: High Court of Judicature at Allahabad

Sunil and 3 Others v. State of U.P.

Case brief

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Sunil and 3 Others v. State of U.P.

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